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ACLJ Enters Another Legal Battle To Protect Ballot Access – Filing Motion To Intervene in Federal Court on Behalf of the Oklahoma Republican Party


Jay Sekulow and Jordan Sekulow

September 19, 2023

3 min read

Election Law



The battle to defend voting rights continues. As we announced last week, we represent the Colorado Republican Party in its fight to maintain the rights of citizens to vote for President Trump if they so choose. This week, the court granted our motion, allowing our client to intervene in that case. While the fight in Colorado continues to intensify, we have now entered the fray in another state as well. We are pleased to announce the ACLJ now represents the Oklahoma Republican Party as it fights for ballot access in Oklahoma. Today, we are filing a motion to intervene in federal court so the Oklahoma Republican Party can be heard in this case.

A Texas resident has filed another lawsuit that, like the Colorado lawsuit, argues that former President Trump is ineligible to be President due to the 14th Amendment. This individual claims to be a Republican candidate seeking to eliminate his “rival” from the chance to run for office. This lawsuit was brought against two parties: President Trump himself and the Secretary of the Oklahoma State Election Board. But again, an organization critical to this lawsuit was left out. The Oklahoma Republican Party has a say in who the Republican nominees are going to be in the presidential election. It defines the rules that Republican candidates must follow, sets the platform for the Republican Party, and decides who the Oklahoma delegation will be to vote at the Republican National Convention.

With our constitutional order and right to vote for the candidates of our choice on the line, we are representing the Oklahoma Republican Party, which seeks to preserve its right, and that of its members, to participate freely in the election process. This case represents an unprecedented assault on Americans’ constitutional right to vote, and we are taking urgent legal action to fight back. We just filed a motion to intervene in the lawsuit on the Republican Party’s behalf. The Oklahoma Republican Party is seeking to join in this lawsuit and help defend the Constitution and the rule of law from these novel attacks on ballot access and the right to vote that ultimately amount to a dangerous attempt at election interference.

More and more people have recognized the dangers of these novel 14th Amendment theories being used to attempt to disenfranchise voters. For example, former Attorney General Michael B. Mukasey penned an article explaining why attempts to disqualify President Trump are “seriously misplaced.” He thoroughly explained that the disqualification provision does not apply to President Trump because former Presidents are not on the list of people who may be disqualified by the 14th Amendment in the first place. When we announced our Colorado lawsuit, we shared this reason for rejecting the novel claims raised there, as well as some of the other reasons for rejecting these kinds of claims

The Constitution, our system of democratic elections in our constitutional republic, the right of a party to designate its candidates of choice for its members in accordance with its own rules, and ultimately, the voters’ right to choose are all under assault. The ACLJ is engaged. Stand with us. The rule of law must triumph. 

The states where these legal attacks on President Trump’s candidacy have been filed continue to increase. We need your support as we continue to engage in these battles.

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